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Patna

Going to buy a Flat in Patna:-Check if property is legally
clear?

In theKuldeep Narayan
Era of Patna Real Estate,
each and every builder property in Patna seemed litigated.
Newspaper, local channels and even social media carried the names
of buildings and builders in Patna being issued notices by the
court. It seems now, at the end of year 2016 that the Black Era of
real estate in Patna is over. The last three and
half years have made home buyers in Patna, more
aware about their rights. It is not only in Patna but the economic
slowdown has caught many developers all across the country on the
wrong foot. Though one can say Patna faced double onslaught both
internal (Kuldeep Narayan) and external (economic
slowdown).

In the current real estate scenario in Patna, it is necessary to
check if the property is legally clear before booking it, even if
it is a branded (though Patna real estate does not have a
established Brand as such) project or even from a pretty
well known builder to you in Patna. One should inspect the legal
documents and construction approvals related to the project through
legal consultants if affordable.

Home buyers in Patna are facing real estate legal
issues due to the illegal construction by builders in
Patna and approval delays by local authorities. This
increases the need for purchasers of property in Patna specially
flats in Patna to ensure the legal clearances of
their new property in Patna.

You should not get entangled as the buyers of “Santosha
Apartment” at Bandar Bagicha, Patna. The irony is that this
apartment is at stone throw away distance from Patna Municipal
corporation office building. While it was getting constructed each
and every staff would be watching it daily. No one (the Sarkari
Babus) tried to stop the illegal construction while it was done.
Even the Supreme Court upheld that the top floors were illegal and
violated building regulations. One may argue that the residents of
these flats are being compensated but just think of the years of
ordeal they were subjected to. They lost time and peace of mind
during the long legal battle. Finally, the Supreme Court ordered to
demolish the upper floors as it was constructed against the
mandatory building rules.

All the builders in Patna always claim that they
have received approvals from the concerned authorities.
Seeking the court only delays the possession which is a loss to
both the home buyers in Patna and the
builders in Patna. Apart from property related
litigations, the construction issues add burden to the flat owners
who took home loans as they end up paying the EMI and the rentals
together for a much longer period than estimated. Most residential
project cases in Patna that run in courts will stretch for years;
even if the court gives a verdict in favor of the home
buyers in Patna, the builders will appeal again. Tarik par
Tarik.

To ensure litigation free real estate transaction, it is necessary
to check few factors related to property, which you are going to
purchase in Patna.

Title deed from the seller must be clear from
encumbrances so it is necessary to check the title. One can search
the records at the sub registrar’s office related to the title deed
of the property in Patna; registrar office at
Bankipur or Phulwarisharif. The report will contain the owner of
the property and the related changes in the title.

Khata is a legal document that supports the title
which will have an entry of the present owner and it can be
verified with the local municipal records. It is necessary to check
if the Khata is changed in the present owner’s name as it is
necessary to obtain home loan, electricity approvals
etc.

Examine the project plan. One can inspect if the
building plan is sanctioned by the authorities in case of
under construction projects in Patna. This can be
done by comparing the sanctioned plan with the actual built up area
of the project to avoid any illegally constructed projects. The
layout approval can be verified with the concerned authorities. The
land survey done at the time of buying the property in
Patna will help to check on the legal disputes over
titles, boundaries etc.

Check for legal dues. In order to check if the
property has any legal dues, one can inspect the encumbrance
certificate which will testify if the property is free of all legal
dues and mortgages. If the property is in a society, then a no
objection certificate (NOC) from the society is also required to
check the legal status.

Look in to bank approvals. This is a simpler way
to check if the property you are going to purchase in Patna is
legally clear as banks will only approve legally cleared
properties in Patna that possess valid documents.
The bank would have already checked the title clearance and other
documents necessary so one can sure that the property is free of
litigations. This is the norm but exceptions galore this
space.

With real estate issues increasing every day,
BuySellRentPatna.in advises the home
buyers in Patna to check the documents and the builder
profile along with his previous construction track records. One can
even get legal help from attorneys or consultants to perform a
thorough check on the property for legal
clearances.